Last week, U.S. Magistrate Judge David Hennessey denied a motion by Camille Cosby’s lawyers to throw out the subpoena.

She appealed and on Monday asked Hennessey to put off the deposition until the appeal is heard.

The judge agreed Tuesday to the postponement, saying it would be unfair to deny Camille Cosby her right to appeal. But he also said if the appeal is denied, the deposition should be rescheduled as soon as possible.